Mr. Larry Starfield Acting Regional Administrator U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, TX 75202-2711 Bill Richardson Governor 

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Dear Mr. Starfield:

This letter is submitted to fulfill New Mexico's requirements under Sections 110 (a) ofthe Clean Air Act (CAA). The Clean Air Act requires all states to submitplans to provide for the implementation, maintenance and enforcement ofthe particulate matter 2.5 microns and less (PM2

.5) National Ambient Air Quality Standard (NAAQS). The U.S. Environmental Protection Agency is obligated to make a determination on whether states satisfy the requirements ofthe CAA Sections 110 (a) for the PM2

.5 NAAQS by September 21,2009.

The New Mexico Environment Department evaluated the State Implementation Plan (SIP) for New Mexico and finds thatNew Mexico's SIP does satisfy the necessary 110 (a) requirements for the PM 2.5 NAAQS. The enclosed matrix outlines New Mexico's SIP compliance with the 110 (a) requirements.

Ifyou have any questions concerning these revisions, please contact Mary UhI, Air Quality Bureau Chief
at 505-476-4301.
Sincerely,

Bill Richardson Governor ofNew Mexico

BRifI

Enclosures:

cc: Mr. Guy Donaldson, EPA Region 6 Mr. Ron Curry, Secretary, NM Environment Department Mr. Jim Norton, Director, Environmental Protection Division Ms. Mary Uhl, Bureau Chief, Air Quality Bureau Mr. Alfredo Santistevan, Director, Environmental Health Dept., City ofAlbuquerque

State Capitol • Room 400 • SantaFe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us

### Executive Summary

A State Implementation Plan (SIP) identifies how the state will attain and maintain the primary and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains regulations, source-specific requirements, non-regulatory items such as plans and inventories, and in some cases additional requirements promulgated by the U.S. Environmental ProtectionAgency (EPA). The initial SIPs for states were approved by EPA on May 31, 1972. A state may revise its SIP with EPA approval as necessary. The federally enforceable SIP for New Mexico is compiled in 40 CFR Part 52 Subpart GG.

The enclosed SIP matrix outlines the requirements ofsection llO(a)(2)(A) through (M) ofthe federal Clean Air Act (CAA) and addresses how New Mexico will implement, maintain and enforce the 2006 particulate matter 2.5 micron in size and less (pM2.5) NAAQS.
Legislative authority for New Mexico's air quality program is codified in Chapter 74 (Environmental Improvement) ofthe New Mexico Statutes, which gives the State Environmental Improvement Board and the EnvironmentDepartmentthe authority to implementthe CAA inNew Mexico.

The regulatory authority 

### to implement CAAprograms is contained in the New Mexico Administrative Code (NMAC), specifically Chapter 2 ofTitle 20 for Air Quality. These regulations

are part ofthe approved New Mexico SIP and cited in 40 CFR 52.1620(c) unless otherwise stated.

Those requirements ofCAA 

### § llO(a)(2) that are in the approved SIP orrecently submitted SIP revisions relate to enforceable emission limits and schedules for compliance; monitoring, source testing and emissions reporting; recordkeeping and reporting requirements; and permitfees. Some requirements, such as intergovernmental consultation, air quality modeling, and compliance with Part D ofTitle I ofthe CAA, are fulfilled during the development and submission to EPA as a SIP revision ofattainmentplans. The following table (Table I) shows which state regulations and plans have been, or will be, revised and adopted to ensure compliance with 

### §IIO(a) for the PM2.s NAAQS.

Table I: Recent and Planned SIP Revisions
New Mexico State Rel!:Ulation Timeline 20.2.2 NMAC

- 

### Definitions- Adopted in July 2009 Include definitions for PM2 .5 and PM2.5 emissions New Mexico Air Pollution Episode Will revise once EPApromulgates SignificantHarm Contingency Plan

- Updated to Levels for PM2

.s include for PM2

.s (Appendix D)

### State 

### ofNew Mexico llO(a)(2) SIP Requirements for PM2.5


### § llO(a)(2) Requirement Summary New Mexico's Requirements § 1l0(a)(2)(A) Include enforceable TheNew Mexico EnvironmentDepartment emission limitations and (NMED) has promulgatedregulations to other control measures, implement and enforce the NAAQS and
means, ortechniques other air quality standards. These (including economic regulations include economic incentives. incentives such as fees, . marketable permits, and New Mexico's enforceable emission auctions or emissions limitations and other control measures are rights), as well as covered inthe Air Quality Control Act and schedules and timetable for those provisions ofNMAC Title 2{}-- compliance. Environment Protection, Chapter 2-Air Quality as listed in 40 CFR 52.GG, and

source specific provisions codified at 40 CFR52.GG. The regulations authorizedby Chapter 74- Environmental Improvement ofNew Mexico's state statute (1978NMSA) are duly adopted by the Environmental ImprovementBoard. Where these provisions relate to Section 110 requirements, SIP revisions have been submittedto and approved by EPA. EPAapproved SIP revisions are codified at 40 CFR Part 52, Subpart GG. New Mexico has

an EPA-approved air permitting program for both major and minor sources, which

ensures that all applicable requirements are included inthe source's permit. § llO(a)(2)(B) Provide for establishment New Mexico maintains and operates a and operation of multi-station PM2.5 network to measure appropriate devices, ambient levels within the state for. methods, systems, and comparisonto NAAQS. All monitoring procedures necessary to data is measured using EPA approved monitor, compile, and methods as eitherReference orEquivalent analyze data on ambient air monitors. All monitors are subjected to the quality, and upon request, quality assurance requirements of40 CFR make such data available to Part 58, Appendix A, and are located at sites the Administrator. that have met the minimum siting requirements ofPart 58, Appendix E. The data is submitted to EPA's Air Quality System (AQS) systemin accordance with the schedule prescribedby 40 CFR Part 58. § 1l0(a)(2)(C) Include aprogram to NMED has establishedregulations provide for enforcement governing the enforcement ofcontrol



### 1the ofmeasures in § measures, including attainmentplans and 110(a)(2)(A), and permitting programs that regulate regulation regulate ofthe construction and modification ofstationary modification and sources. construction ofany stationary source within the

areas coveredbythe plan

as necessary to assure that NAAQS are achieved, including a permitprogram
as required in parts C and D. § 110(a)(2)(D) (i)Contain adequate New Mexico has adopted and submittedto provisions prohibiting any EPA in September 2007 a SIP revision

source or othertype of pertaining only to §11O(a)(2)(D)(i). New emissions activity from Mexico does not have any PM2.5 emitting any airpollutant nonattainment areas nor is the state within in amounts which will: close proximity to any PM2.5 nonattainment (I) Contribute areas. The closestPM2 .5 nonattainment area significantly to to New Mexico is approximately 600 miles nonattainment in, or away in northwestern Utah. Due to the lack interfere with ofPM2

.5 nonattainment areas in or within maintenance by, any closeproximityto New Mexico, NMED has other State withrespect concludedthat no revisions to the state's
to any such national 2007 SIP revision for §11O(a)(2)(D)(ii)are primary or secondary necessary atthis time. ambient air quality standard. New Mexico has not received notification (II) Interfere with from EPA pursuantto § 115 ofa finding of

measures required to be endangermentto foreign countries due to included inthe PM2.5 emissions in the state. Under applicable 20.2.74 NMAC

- Permits

- Prevention of implementation plan for SignificantDeterioration, New Mexico is any other State under required to contactneighboring states and part C to prevent Indian governing bodies ofeachpermit significantdeterioration application having the potential to affect ofair quality orto Class I Federal areas or increment protect visibility. consumptionin areas undertheir (ii) Insure compliance with jurisdiction. the applicable requirements CAA sections § 126 and 115 (interstate and international pollution abatement). § 110(a)(2)(E)(i) Provide: New Mexico Statute § 74-2-5 "Duties and (i) necessary assurances powers; environmental improvementboard; that the state (or, except local board" gives the New Mexico where the administrator environmental improvementboard authority



### 2deems inappropriate, the to develop, implement and enforce the SIP. general purpose local government or § 74-2-5 provides the board adequate legal governments, or a regional authority to adopt emission standards and agency designated by the compliance schedules applicable to state or general purpose regulated entities, and to adopt emission local governments for such standards and limitations and any other purpose) will have measures necessary for attaimnent and adequate personnel, maintenance ofnational standards. funding, and authority under state (and, as § 74-2-5 also provides the board adequate appropriate, local) law to legal authority to enforce applicable laws, carry out such regulations, standards, and compliance implementation plan (and schedules, and seek injunctive relief. In is not prohibited by any addition, § 74-2-5.1 provides the provision offederal or state department legal authority to enforce law from carrying out such applicable laws, regulations, standards, and implementation plan or compliance schedules. portion thereof). The resources to carry outthe implementationplan are provided through General Funds, Permit Fees, and the CAA §§ 103 and 105 grant process. Permit fees

are collected under the authority of§ 74-2- 7.

New Mexico has adequate personnel to implementthe SIP with respect to PM2.5 requirements. Should EPA determine that New Mexico lacks adequate personnel to carry outthe SIP, EPA may issue a finding with respect to that deficiency, which New Mexico would have a legal obligation to correct.

New Mexico does not anticipate the need for additional resources to implementthe planfor the PM2.5 standard beyond those which have been utilized for the preparation ofthe plan and plan revisions submitted to EPA and other currentprogrammatic demands. § 110(a)(2)(E)(i)(i) (ii) requirements that the New Mexico state statute § 74-7-5 requires state comply withthe the state's Environmental Improvement requirements respecting Board to comply with the requirements of state boards under section the CAA and its associated standards, 128, and regulations and state implementing directives.

3§ (iii) Necessary assurances As discussed in greater detail inthe item 110(a)(2)(E)(i)(i)(i) that, where the state has relatedto § l1O(a)(2)(B) above, New relied on a local orregional Mexico maintains an adequate network for government, agency, or monitoring ambient PM1.5 levels in the instrumentality for the State. New Mexico does notrely on any implementation ofanyplan otherlocalities to implement any provision, the state has monitoring orplanprovisions. responsibility for ensuring adequate implementation ofsuch plan provision. §110(a)(2)(F) Require, as maybe Regulatory requirements have been prescribed by the promulgated in 20.2.72 NMACAdministrator: Construction Permits, 20.2.70 NMAC-

(i) the installation, OperatingPermits, and 20.2.79 NMACmaintenance, and Permits-NonattainmentAreas (pertaining to replacement ofequipment, sampling andtesting). and the implementation of othernecessary steps by Requirements in 20.2.7.73 NMAC- Notice

owners or operators of of Intent andEmission Inventory stationary sources to Requirements provide for the reporting of monitor emissions from emissions inventories in a format such sources, establishedbyNMED on a schedule

(ii) periodic reports on prescribedby the regulation. the nature and amounts of emissions and emissions- New Mexico's enforceable emission related data from such limitations and other control measures are sources, and addressed inthe state's Air Quality Control

(iii) correlation ofsuch Act and those provisions ofChapter 2 of reports by the state agency New Mexico's Administrative Code Title with any emission 20. limitations or standards established pursuantto this 20.2.5 NMAC- Source Surveillance Act, whichreports shall be establishes the general requirements for available at reasonable maintaining records and reporting times for public inspection; emissions, including record keeping, data submissions, and public access to emissions data. §l1O(a)(2)(G) Provide for authority Upon a finding that any owner/operatoris comparable to that in unreasonably affecting the public health, section 303 and adequate safety or welfare, orthe health ofanimal or contingency plans to plantlife, orproperty, the New Mexico state implement such authority. statute, § 74-7-10 authorizes NMED to, after a reasonable attempt to give notice, declare a state ofemergency and issue without hearing an emergency special order directing the owner/operatorto cease such pollution immediately.

4New Mexico adopted an Air Pollution Episode Contingency Plan (8/12/91, 56 FR 38074) that addresses airpollution episodes andthe occurrence ofan emergency due to the effects ofthe pollutants on the health of persons. Once PM2

.5 significant harm levels

are adopted by EPA, New Mexico's Air Pollution Episode Contingency plan, found inAppendix C, will be updated to include the ambient concentrations for PM2.5 that defme and initiate each episode stage. §11O(a)(2)(H) Provide for revision of New Mexico's SIP is a compilation of such regulations, plans, and submittals that act to plan: improve and maintain air quality in (i) from time to time as accordance with national standards. The may be necessary

### to take authorityto develop orrevise the SIP is account ofrevisions of based on the authority to adoptnew such national regulations, revise existing regulations, and primary or secondary conductbusiness in a marmer to meet the ambient air quality NAAQS. New Mexico state statute § 74-7-5 standard orthe availability gives the board authority to perform these ofimproved or more functions. § 74-7-5 also provides the board expeditious methods of the authority to adopt regulations to abate, attaining such standard, control, and prohibit airpollution and throughoutNew Mexico in accordance with (ii) except as provided in the provisions ofState Rules Act [Chapter paragraph (3)(C), 14, Article 4, NMSA 1978]. Nothing in wheneverthe New Mexico's statutory orregulatory Administratorfinds onthe authorityprohibits the State from revising basis ofinformation the SIP in the event ofa revisionto the available to the NAAQS. . Administratorthat the plan is substantially inadequate to attain the national ambient air quality standardwhich it implements, orto otherwise comply with any additional requirements established underthis Act. §11O(a)(2)(1) In the case ofa plan orplan The SIP revisionpertaining to revision for an area §11O(a)(2)(D)(i) addresses the requirements designated as a ofpart D for nonattainment areas. nonattainment area, meet Amendments to these requirements to fulfill the applicable requirements recent federal requirements were submitted ofpartD (relating to to EPA in September 2007. SIPs under Part nonattainment areas); D comply with all applicable requirements for each nonattainment areaunder CAA



### 5Sections 110, 172(c), 175A and subpart 2 to PartD.
Compliance underthe 

### PMz.5 standard will be evaluated with submitted SIP revisions for any future nonattainment areas. SIP revisions related to nonattainment areas will comply with SubpartD requirements, as applicable. The currently approved nonattainment area SIP provisions listed in 40 CFR 52.1620 also meet SubpartD requirements. §110(a)(2)(J) Meet the applicable All SIP revisions undergo public notice and requirements of§ 121 hearing, whichprovides for commentby the (relating to consultation), public, including local political section 127 (relating to subdivisions. public notification), and Part C (relating to 

### Air quality data from New Mexico's prevention ofsignificant mouitoring network is published in real time deterioration ofair quality onNMED's website. Additionally, as part and visibility protection); ofthe 105 grantprocess New Mexico is required to submit mouitoring datato the 

### Air Quality System (AQS) in a timely

manner.

New Mexico has adopted 20.2.74 NMACPrevention of SignificantDeterioration following the requirements outlined in 40 CFR 52 under section 161 ofthe CAA (42 V.S.C.A. § 7471) for prevention of significant deterioration. These provisions

were approved by EPA as part ofthe SIP.

20.2.74 NMAC includes procedures for protection ofvisibility in Class I areas.

New Mexico intends to submitits Regional Haze SIP to EPA in 2010. This submittal will provide further visibility protection and improvements to federal Class I areas. §110(a)(2)(K) Provide for: New Mexico has developed 

### Air Dispersion (i) the performance of Modeling Guidelines that follow EPA such air quality modeling guidelines for air dispersion modeling. The

as the Administrator may New Mexico 

### Air Dispersion Modeling prescribe for the purpose of Guidelines also include internal policy predicting the effect on language. ambient air quality ofany



### 6emissions ofany air pollutant for which the Administratorhas established anational ambient air quality standard, and

(ii) the submission, upon request, ofdata related to such air quality modeling to the Administrator; §110(a)(2)(L) Require the owner or The fee requirements of20.2.71 NMAC

- operator ofeach major OperatingPermitEmission Fees and stationary source to payto 20.2.75 NMAC

- Construction PermitFees the permitting authority, as were approved by EPA as meeting the CAA

a condition ofany permit requirements and were incorporated into required under this Act, a New Mexico's SIP (11125/97, 62 FR fee sufficientto cover- 50514). New Mexico's Title Y operating

(i) the reasonable costs permitprogram (20.2.70 NMAC) was ofreviewing and acting approved by EPA in 1997 (11125/97, 62 FR

upon any application for 50514).
such apermit, and

(ii) ifthe owner or operatorreceives a permit for such soUrce, the reasonable costs of implementing and enforcing the terms and conditions ofany such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded withrespectto such sources by the Administrator's approval of

.a fee program under title 

### y.


### , § llO(a)(2)(M) Provide for consultation New Mexico state statute § 74-2-5.2 "State and participation by local airpollution control agency; specific duties political subdivisions andpowers ofthe department," requires affected bythe plan. advising; consulting; contracting with and cooperating with local authorities, other states, the federal gove=ent and other interestedpersons or groups inregard to matters ofco=on interest inthe field of air quality control; and initiation of cooperative action between a local authority



### 7andthe department, between one local authority and another or among any combination oflocal authorities andthe department for control ofairpollution in

areas having related airpollution problems that overlap the boundaries ofpolitical subdivisions; and entering into agreements and compacts with adjoining states and Indiantribes, where appropriate.

The State's public participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected bv the SIP.

8